Analysis of Social Conflicts in Poland’s Soundscape as a Challenge to Socio-Acoustics

2016 ◽  
Vol 41 (3) ◽  
pp. 415-426 ◽  
Author(s):  
Sebastian Bernat
Keyword(s):  
National Parks ◽  
Subjective Assessment ◽  
Legal Framework ◽  
Research Field ◽  
Social Conflicts ◽  
Study Objective ◽  
The Public ◽  
Awareness Campaigns ◽  
Control Programmes ◽  
The Right

Abstract The study objective was to understand the character and location of social conflicts in Poland’s soundscape. The analyses were based on a review of press and Internet articles from the years 2008-2015 and reports on noise, preceded by a review of the legal framework of protection against noise in Poland. Questionnaire surveys concerning Poland’s national parks and health resorts and the city of Lublin were an additional source of information. In the case of the former, the surveys were supplemented with a general examination of the acoustic determinants of social conflicts in the Podzamcze district. An analysis shows that sound in landscape has been a source of more than 100 social conflicts which were most frequently related to unpleasant sounds (noise nuisance) and the right to peace and quiet. The public demands acoustic comfort, one of the determinants of the quality of life. Therefore, it is necessary to know the public opinion on soundscapes (survey of sound preferences). Public consultations concerning the assessment of acoustic disturbance and sound preferences will make it possible to avoid social conflicts arising from insufficient knowledge. A major role is also played by the education of the public and decision-makers through sound awareness campaigns, e.g. as p art of ecology education. The subjective assessment of noise nuisance severity and the acoustic design of public spaces should be an integral part of environmental noise control programmes and revitalisation programmes. The conducted studies demonstrated that understanding the character and location of social conflicts in soundscape is a major scientific problem. Its resolution requires combining sociological studies (questionnaire for the valuation of the subjective feelings of respondents) with field analyses (observations, acoustic measurements). It is a promising research field that has been developed to a limited extent so far.

How Arbitrary Was Tsarist Administrative Justice? The Case of the Zemstvos Petitions to the Imperial Ruling Senate, 1866–1916

2006 ◽  
Vol 24 (1) ◽  
pp. 1-43
Author(s):  
Natasha Assa
Keyword(s):  
Fundamental Principle ◽  
Legal Framework ◽  
The State ◽  
Government Officials ◽  
Public And Private ◽  
Administrative Litigation ◽  
The Public ◽  
Administrative Power ◽  
The Right ◽  
Administrative Justice

One of the key principles of the modern legal state (Rechtsstaat) is the right of all citizens to seek judicial protection against unlawful acts of government officials. It stems from the fundamental principle of the rule of law that asserts that all citizens, including state officials, are equal before the law and have the right to a fair trial. Within this legal framework a distinct field of law, “administrative justice,” governs public litigation against state officials. Its domain of jurisdiction reflects complex philosophical and legal distinctions between the public and private spheres in the modern state. As legal scholars and philosophers continuously redefine the boundary between the public and private spheres, the prerogatives of government officials over the rights of private citizens continue to evolve. The key questions in the debate are as follows. Should the state guarantee an undisputed precedence of citizens’ rights over administration or should it protect its officials from widespread litigation and therefore grant them a certain degree of immunity? Should ordinary courts and laws decide disputes between government officials and private individuals, or should the state provide separate norms, judges, and procedures for administrative litigation? Should punishment for misuse of administrative power be equal to that of the breach of civil or criminal laws? Who and to what extent should be made liable for any damages incurred through misuse of administrative power?

scholarly journals Contract for Work (locatio conductio operis) of Transportation and Rustic Praedial Servitude of Way (servitus viae) as Roman Law Institutions for Needs of Rural Logistics

2021 ◽  
Vol 3 (21) ◽  
pp. 234-243
Author(s):  
Allars Apsītis ◽  
Dace Tarasova ◽  
Jolanta Dinsberga ◽  
Jānis Joksts
Keyword(s):  
Rural Areas ◽  
Agricultural Production ◽  
Legal Framework ◽  
Roman Law ◽  
Effective Solution ◽  
Transportation Services ◽  
The Public ◽  
The Road ◽  
Public Road ◽  
The Right

The article deals with the results of the authors’ research performed on original sources of Roman Law with reference to legal constructions concerning various types of logistics challenges related to agricultural production and residence in rural areas. Provision of transportation services was regulated by means of a contract for work (locatio conductio operis) – an agreement according to which a contractor / employee as a lessee (conductor, redemptor operis) had obligations to fulfil services or certain work on or from the material supplied by the commissioning party / employer / lessor (locator). An agreement on transportation of goods or passengers was also considered to be a contract for work. A smart answer to infrastructure challenges was the so-called rustic praedial servitudes (servitutes praediorum rusticorum), including a servitude of way / road (via), which granted the owner of a parcel of land non-adjacent to a public road (via publica) the right to use the road over a parcel of land belonging to another owner, thus gaining access to the public road. The legal framework of a Roman contract for work of transportation and the rustic praedial servitude of way / road must be recognised as a rather effective solution for challenges of rural logistics at the time. Keywords: contract for work of transportation, servitude of way, Roman Law, rural logistics.

scholarly journals STRATEGIC MANAGEMENT AND MANAGEMENT TOOLS FOR NATIONAL PARKS IN SERBIA

2021 ◽  
Author(s):  
Milica Dobričić ◽  
◽  
Milica Maksić Mulalić ◽  
Keyword(s):  
Strategic Management ◽  
National Parks ◽  
Public Interest ◽  
Legal Framework ◽  
Strategy Management ◽  
Nature Protection ◽  
Management Tools ◽  
The Public ◽  
Protection Strategy ◽  
Management Plans

The management of the national parks Tara, Fruška Gora, Djerdap and Kopaonik and the activities of the managers in Serbia are affairs of the public interest. The manner of their strategic management is defined by the legal framework in the field of nature protection and it implies the adoption and the implementation of documents, such as the nature protection strategy, management plans and spatial plans for the special purpose areas. The paper particularly emphasizes the importance of adopting management plans for national parks, as basic documents for their management, as well as their harmonization with the spatial plans for the special purpose areas, as specific instruments for the management of these areas. It points out the importance of establishing governing bodies, such as a professional alliance and a council of users of national parks, which would improve their management and incorporate the interests of local people and users of space. In accordance with the above, this paper aims to point out the importance of strategic management and strategic documents in the field of protection and management of national parks in Serbia and give suggestions for their improvement.

scholarly journals The (Draft) European Charter of the Commons – Between Opportunities and Challenges

2018 ◽  
Vol 16 (2) ◽  
pp. 91-108
Author(s):  
Anna Simonati
Keyword(s):  
Legal Framework ◽  
General Interest ◽  
Strategic Decisions ◽  
Strategic Choices ◽  
Scarce Resources ◽  
The Public ◽  
Starting Point ◽  
The Commons ◽  
The Right ◽  
Open Issues

The concept of ownership, which (in Italy and similarly in other European systems) is still essentially based on private law rules, is currently not sufficient to ensure the satisfaction of the general interest in an increasingly wide access to scarce resources, in the perspective of equality and fairness on the field. At the same time, strong criticism has been expressed about the frequent phenomenon of privatisation of originally public assets and resources. The threats to the pursuit of the public benefit posed by privatisation may be tackled by constructing a new legal framework, aimed to protect the right of the populations to be involved not only in the use, but also in the management of the commons. An expression of this idea is the draft European Charter of the Commons, which is the result of a collective brain-storming by a group of scholars rather than a source of law. Its non-normative nature has allowed its authors to express particularly ‘brave’ positions. This article takes the Charter as a starting point to focus on some open issues. The main proposal concerns the possible exploitation of new participatory models for the involvement of communities of users in the strategic decisions on the management of the commons. In such perspective, a brief reference to the Italian legal system is made. In Italy, there are no systemic rules about the commons, but some procedures to involve the interested local communities in the strategic choices have been experimented, which can serve as an illustration also for otherEU countries.

scholarly journals The Legal Framework and Barriers to Access to Environmental Information in Ethiopia

2021 ◽  
Vol 15 (1) ◽  
pp. 139-172
Author(s):  
Abdulkader Mohammed Yusuf
Keyword(s):  
Legal Framework ◽  
Vital Role ◽  
Environmental Information ◽  
Access To Information ◽  
Multilateral Environmental Agreements ◽  
The Public ◽  
Barriers To Access ◽  
Constitutional Right ◽  
The Right ◽  
Right Of Access

Information plays a vital role, both in terms of its importance for a democratic order and as a prerequisite for public participation. Many countries have made provisions for access to information in their respective constitutions. The FDRE Constitution explicitly provides that everyone has the right to seek and receive information. The Freedom of Mass Media and Access to Information Proclamation –which entered into force in 2008– gives effect to this Constitutional guarantee. Moreover, the number of laws on different environmental issues is on the rise, and the same could be said of the multilateral environmental agreements that Ethiopia has ratified. Many of the laws incorporate the right of the public to access environmental information held by public bodies. Despite the existing legal framework, there are still notable barriers to access to environmental information. By analyzing the relevant laws, the aim of this article is to contribute to the dialogue on the constitutional right of access to information with particular emphasis on the legal framework on, and the barriers to, access to environmental information within the meaning of Principle 10 of the Rio Declaration.

scholarly journals Understanding antimicrobial use in subsistence farmers in Chikwawa District Malawi, implications for public awareness campaigns

2021 ◽  
Author(s):  
Eleanor MacPherson ◽  
Joanna Reynolds ◽  
Esnart Sanudi ◽  
Alexander Nkaombe ◽  
John Mankhomwa ◽  
...  
Keyword(s):  
Low Income ◽  
Public Awareness ◽  
Antibiotic Use ◽  
Subsistence Farming ◽  
Formal Sector ◽  
Middle Income ◽  
The Public ◽  
Middle Income Countries ◽  
Awareness Campaigns ◽  
The Right

Drug resistant infections are increasing across the world and urgent action is required to preserve current classes of antibiotics. Antibiotic use practices in low-and-middle-income countries have gained international attention, especially as antibiotics are often accessed beyond the formal health system. Public awareness campaigns have gained popularity, often conceptualising antimicrobial resistance (AMR) as a problem of excess, precipitated by irrational behaviour. Insufficient attention has been paid to people’s lived experiences of accessing medicines in low-income contexts. In Chikwawa District, Malawi, a place of extreme scarcity, our study aimed to understand the care and medicine use practices of households dependent on subsistence farming. Adopting an anthropological approach, we undertook medicine interviews (100), ethnographic fieldwork (six-month period) and key informant interviews (33) with a range of participants in two villages in rural Chikwawa. The most frequently used drugs were cotrimoxazole and amoxicillin, not considered to be of critical importance to human health. Participants recognised that keeping, sharing, and buying medicines informally was not the “right thing.” However, they described using antibiotics and other medicines in these ways due to conditions of extreme precarity, the costs and limitations of seeking formal care in the public sector, and the inevitability of future illness. Our findings emphasise the need in contexts of extreme scarcity to equip policy actors with interventions to address AMR through strengthening health systems, rather than public awareness campaigns that foreground overuse and the dangers of using antibiotics beyond the formal sector.

scholarly journals The Legal Framework for the Promotion and Protection of Human Rights in Cameroon by Non-Governmental Organisations

2021 ◽  
Vol 24 (1) ◽  
pp. 29-45
Author(s):  
Alvine Longla Boma
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Framework ◽  
The State ◽  
African Countries ◽  
Public Authorities ◽  
The Public ◽  
Civil Society Organisations ◽  
Protection Of Human Rights ◽  
The Right

Civil Society organisations play key roles in African countries. This is not an exception in the Cameroonian dispensation. Indeed, the existence and operation of civil societies in this jurisdiction is legitimated by a 1990 law allowing the free formation of associations. Even though the state has the primary obligation to promote and protect human rights, there also exists a plethora of associations with the same interest. This paper is motivated by the state’s wanton failure in ensuring the enjoyment and fulfilment of the right. For one thing, the state has maintained a stronghold on the Civil Society through legislation which gives public authorities a leverage over human rights defenders. Moreover, an analysis of existing legal and institutional frameworks available to allow human rights non-governmental organisations thrive, leaves much to be desired. Findings reveal that though there are adequate laws and institutions which ensure the creation and functioning of Civil Society organisations in Cameroon, there are also contradictory laws which give the public authority an edge over these organisations and allow them to sanction the activities of some human rights defenders under the guise of maintaining public order. We argue that there should be adequate protection offered to human rights defenders as well as the relaxation of laws permitting public authorities to illegally sanction the activities of relevant non-governmental organisations.

scholarly journals Health Workers' Legal Protection Policy to the Coronavirus Disease 19 (Covid-19) Containment Measures

FIAT JUSTISIA ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 51-74
Author(s):  
Hafrida Hafrida ◽  
Helmi Helmi ◽  
Retno Kusniati
Keyword(s):  
Health Worker ◽  
Health Workers ◽  
Legal Protection ◽  
Legal Framework ◽  
Protective Equipment ◽  
Public Place ◽  
The Public ◽  
Legal Development ◽  
Containment Measures ◽  
The Right

This research aims to analyze protection policies for health workers amidst COVID-19. Through statute approach and based on the rights theory, this study examines legal development, or legal framework is needed to formulate and to protect health worker. Since the COVID-19 outbreak spreads quickly and massively, Health worker is at the forefront of handling COVID-19, but they are also vulnerable to get infected by the virus. Some cases showed that many health workers tested positive after providing health services. The findings of the research showed that the right of medical workers to get personal protective equipment and safety guarantees were not enough to protect them. On the other hand, the community was still ignoring the risk of this disease and broke the health protocol in the public place. Health workers can perform their job effectively if people are in healthy condition and do not need to go to the hospital. To containment measures of the COVID-19 State has to choose one of the effective ways to protect people and health workers by regulating and giving a penalty to the perpetrators of the COVID-19 protocol.

Rights of Sanitation Workers in India

2019 ◽  
pp. 346-379
Author(s):  
P. Sakthivel ◽  
M. Nirmalkumar ◽  
Akshayaa Benjamin
Keyword(s):  
Legal Framework ◽  
Two Dimensions ◽  
The State ◽  
The Public ◽  
State And Local ◽  
The Right ◽  
Sanitation Workers

The legal framework in India recognizes the right to sanitation and the rights of workers in hazardous employment. But it has failed to regulate the safety of sanitation workers. The agencies of the state and local bodies that employ sanitation workers ignore the safety dimensions of their work. In this context, the higher judiciary has granted relief to sanitation workers who were victims of accidents or to their families after their death. This chapter analyses the legal framework relating to sanitation workers and highlights the importance of making laws to achieve their right to sanitation. It focuses on two dimensions. First, sanitation work is primarily a caste based and poverty driven occupation and this explains the indifferent attitude of the public and State. Second, the realization of the right to sanitation depends on the safety of sanitation workers and their recognition as right holders.

scholarly journals Audiovisual Media Regulation during the COVID-19 Pandemic - Measures Undertaken by the Romanian Authorities during the State of Emergency

2021 ◽  
Vol 10 (1) ◽  
pp. 65-75
Author(s):  
Zsolt Kokoly
Keyword(s):  
Legal Framework ◽  
The State ◽  
State Of Emergency ◽  
Legal Norms ◽  
The Public ◽  
Audiovisual Media ◽  
Media Regulation ◽  
Presidential Decree ◽  
Multiple Challenges ◽  
The Right

The present study aims to offer a review of measures taken by the Romanian authorities in the field of audiovisual media regulation during the state of emergency instituted in March 2020 following the COVID-19 outbreak. The legal framework has been adjusted, drawing both from extant norms, such as the 2003 Constitution of Romania, and from newly adapted legal norms such as the Presidential Decree declaring the state of emergency. Also, the competent authorities have been invested with additional powers, this being the case of the National Audiovisual Council and the National Authority for Management and Regulation in Communications. These institutions have faced multiple challenges regarding the clash between freedom of opinion and freedom of speech and the right to correct information of the public and the campaigns to counter misinformation.

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